Commonwealth v. Fox’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Competency is the rule and incompetency the exception .... The burden to show incompetency lies upon the party who asserts .... “ ‘The question of competency of persons said to be mentally immature due to infancy is to be determined in the discretion of the trial judge after an inquiry as to mental maturity once the fact of infancy appears on the record or is obvious to the judge. This discretion, however, is not absolute but legal. Neverthe less, it will not be reversed in the absence of abuse.’ Rosche v. McCoy, 397 Pa. 615, 619-20 , 156 A.2d 307, 309-10 (1959) (citations omitted). “In Bosche, we continued by listing three requirements necessary for determining a child witness’s ability to testify: ‘. . . There must be (1) ... [a] capacity to communicate, including as it does both an ability to understand questions and to frame and express intelligent answers, (2) mental capacity to observe the occurrence itself and the capacity of remembering what it is that she is called to testify about and (3) a consciousness of the duty to speak the truth. These first two considerations are in some instances easily answered where a 7-year-old witness is called upon to testify as to a very recent event. . ..’ Id. at 620-21 , 156 A.2d at 310 .””

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Riley · Commonwealth v. Penn

2. ““In the disposition of such a question the courts are confronted by conflicting policies. One is that a party should not be denied justice because reliance necessarily must be placed upon the testimony of a child of tender years. But, on the other hand, experience has informed us that children are peculiarly susceptible to the world of make-believe and of suggestions. Care must be exercised to keep the balance true as between these conflicting claims. So it is that much must be left to the discretion of the trial judge who hears and sees the witness.””

   2 later decisions quote this exact passage
   e.g. 227 Pa. Super. 581 - De LIO v. Hamilton · 250 Pa. Super. 202 - Commonwealth v. Mangello